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A consultant asks whether compensation received for patrimonial liability to the State is exempt from income tax. The DGT responds that it is not exempt as it does not constitute personal damage and must be taxed as income from work, allowing a 30% reduction due to a generation period exceeding two years.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización por retribuciones no percibidas no está exenta por no corresponder a daños personales (físicos, psíquicos o morales), sino a daños materiales. Se considera rendimiento del trabajo al derivar de una relación estatutaria. Es aplicable la reducción del 30% por tener un periodo de generación superior a dos años, siempre que no se hayan aplicado otras reducciones similares en los cinco periodos impositivos anteriores.
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